The rapid shift in public opinion toward cannabis, along with changing laws and regulations, has sparked a revolution in the United States. With both the acceptance for medical use and increased interest in recreational use from a growing number of states, it’s more important than ever to understand the shifting landscape of cannabis legislation.
Historically, cannabis has been classified as a Schedule 1 drug under federal law, which categorized it with drugs such as heroin, LSD, and ecstasy, ones that have “no accepted medical use and a high potential for abuse.” But recent years have seen numerous states challenge that classification, passing cannabis policies to allow for various forms of legalized use within their borders, despite the existing federal stance.
The definition of medical use refers to utilizing marijuana’s beneficial properties to treat various ailments. The results from various clinical trials and studies have convinced many states to accept the drug as a valid therapeutic option for certain illnesses. California was the first state to legalize medical marijuana back in 1996. As of today, 36 states and four territories have approved comprehensive, publicly available medical marijuana programs.
Conversely, the concept of recreational use denotes using cannabis for personal pleasure. Colorado and Washington were the first states to legalize recreational marijuana use in 2012. Since then, a wave of additional states, including most recently New York, have followed suit, now totaling 17 states permitting recreational use according to DISA Global Solutions.
Despite the ongoing controversy, more states are now allowing cannabis dispensaries to operate legally. The operators of these dispensaries must meet strict legal requirements and abide by comprehensive state regulations to maintain their licenses. Consequently, every dispensary must go through a rigorous process for licensing, which usually involves several stages of application, strict compliance checks, community hearings, and high application fees.
However, the disconnection between state and federal laws breeds a kind of regulatory purgatory for the cannabis industry. While in many states operating a cannabis dispensary is a perfectly legal commercial enterprise, at the federal level, marijuana legalization still remains an unresolved issue. This discord adds a complicated layer to the industry that affects everything from banking to regulations for packaging and labeling products.
In 2018, the situation was somewhat improved by the passing of the Hemp Farming Act, which removed hemp (cannabis plants containing less than 0.3% THC) from the Schedule 1 controlled substances list and made it an ordinary agricultural commodity. Still, the legal line is much blurrier for cannabis with higher THC content.
Moreover, while the legalization pathway for cannabis seems to be state-driven, there are signs that federal law may eventually catch up. A bill to decriminalize and deschedule cannabis, expunge prior convictions, and invest in affected communities introduced to the U.S. House of Representatives, called the Marijuana Opportunity Reinvestment and Expungement (MORE) Act, has made historic passage in late 2020, but it is yet to receive approval from the Senate.
In conclusion, the landscape of cannabis laws and regulations is complex and ever-evolving. As more states forge ahead to rectify the inadequacy of the outdated laws and the federal government slowly catches up to population sentiment, it is crucial to stay informed about the emerging trends and shifting regulations in this burgeoning industry. Moreover, anyone involved in the cannabis industry should be extremely attentive to detail when it comes to abiding by the legal requirements and regulations. As the nation continues to coalesce around the potential benefits and uses for cannabis, these laws will remain pivotal in defining the future of the burgeoning industry.
